Environmental pollution in the Niger Delta region of Nigeria: A case for direct equity participation

Most studies on the environmental pollution of the Niger River Delta region of Nigeria have highlighted the pollution problems caused by foreign oil corporations and its attendant impact on the local communities of the Niger Delta. Little attention has been given to possible solutions with regard to the specific interests of the Nigerian government, the local communities and the transnational oil corporations. This dissertation addresses the interests of all the parties directly and proffers possible solutions to alleviate the suffering of the local communities and ameliorate the living conditions in the Niger Delta region.; At the time commercial quantities of oil were discovered by Shell in the Niger Delta, Nigeria was colonized by the British. The British granted Shell exclusive right to mine oil fields, without establishing adequate environmental laws to protect the region. The situation has not changed since Nigeria gained independence on October 1st, 1960. As a result, the Niger Delta region has suffered from environmental pollution. The devastating effects of the environmental pollution problems range from poor standard of living to loss of lives of the people of the local communities, security officers of the Nigerian government and threat of loss of lives of oil corporation employees. Torn apart by the frustrating effects of oil exploration and production, and fueled by the responses of the Nigerian government and foreign oil corporation, strife ensued among people of local communities and between the local communities, transnational oil corporation and the Nigerian government, resulting in increased damage to the environment and death of several prominent people from that region. Recourse to Nigerian environmental laws as remedy for the injury resulting from environmental pollution or to ensure cleanup of oil spills by transnational corporations has been an effort in futility. Effort to apply international law and codes of conduct that have been administered in other jurisdictions are inappropriate to remedy the Niger Delta situation. Involvement of local communities in the negotiation process via direct equity participation is suggested. Incorporating strict liability as liability for cleanup and creation of a Superfund are recommended in other to deal with oil spills.